Friday, December 4, 2015

Malaysian criminal justice system run by criminals

Rosmah as chief adviser of 1MDB, must be charged for mismanagement at the fund.

Rosmah and Najib now
‘Damage has already been done to his almost non-existent reputation.’
under the scrutiny of American investigators a parade of inquiries at home and abroad into a sovereign wealth fund that he oversees,The inquiry, being run by a unit of the Justice Department that investigates international corruption, is focused on properties in the United States that were purchased in recent years by shell companies that belong to the prime minister’s stepson as well as other real estate connected to a close family friend A federal grand jury is examining allegations of corruption involving the Prime Minister, Najib Razak, and people close to him, 
One evening in April 1775, the English man of letters Samuel Johnson made a famous remark.”Patriotism,” he said, “is the last refuge of the scoundrel.”Johnson was criticising what he called false patriots – people who invoke the name of their country to advance their own political agenda.In America, we often refer to that kind of scoundrel as “people who wrap themselves in the flag.” It means people who pretend to do something for patriotic reasons or out of loyalty to their country when their real motives are selfish, and their real goal is their own personal and political gain.It means people who “play the patriot card” and try to diminish their opponents by suggesting they do not love their country, or are even traitors to it.Malaysians are no longer going to keep quiet. Even our Rulers who have spoken up.The Universiti Islam Antarabangsa (UIA) student asked how much more could Malaysians take in
A-G abuse of power should give reasons to withdrew the charges resulting in acquittal is not immune from legal scrutiny
our administration of, our criminal justice system consists “of four separate, but essential, machinations.” They are the Police or other investigative authorities, prosecution, defence and the Courts. The Police investigates. The prosecution decides whether or not to prosecute and if so, it proffers the charge and prosecute. The lawyers defend the accused. The Courts  adjudicate.”

The refusal by the Attorney-General to explain  reasons to withdrew the charges resulting in  acquittal.  will only deepen the trust deficit that is currently suffered by the government.The Attorney-General must bear in mind that he is not immune from legal scrutiny. In the celebrated case of Rosli Dahlan v The Attorney-General and 11 Others, Justice Vazeer Alam bravely and correctly states:
“I am afraid that the notion of absolute immunity for a civil servant even when mala fide or abuse of power in the exercise of their prosecutorial power is alleged in the pleading is anathema to the modern day notions of accountability..This is in keeping with developments in modern jurisprudence that absolute immunity for public servants has no place in a progressive democratic society.”(emphasis added).
The new AG, Apandi has rushed to clear 1MDB despite BNM’s findings ( full credit to Zeti) that there was clear basis for criminal prosecution. We will assume he has been bought over by the corrupt Najib regime until proven otherwise.
The Police especially the IGP  with the understing of the new AG, Apandi bought over have been  with their harassment of MACC officers, arrest of Khairuddin and Mathias Chang under SOSMA,

A-G should give reasons
On November 24, 2015, Datuk Seri Mohamad Salleh Ismail was acquitted of four criminal breach of trust charges involving RM49.7 million.

At the time the offences were alleged to have been committed, he was executive chairman of the National Feedlot Corporation Sdn Bhd (NFCorp).

The Sessions Court judge acquitted Salleh, not based on evidence recorded during a full trial, but by reason of the attorney-general (A-G) withdrawing the charges against him. A-G made the decision after studying the letter submitted by his lawyers. The contents of the letter have not been disclosed.

Salleh was charged in the Sessions Court on March 12, 2012, and the trial commenced on June 23, 2014, with the prosecution calling its first witness.
The defendant’s lawyer had applied for the charges to be struck out but the Sessions Court judge rejected the application. The decision was upheld by the High Court and Court of Appeal which directed that the trial be resumed. When the trial resumed A-G withdrew the charges resulting in his acquittal.

This case is of great public interest and importance and has been given wide publicity in the media because the charges involve alleged misuse of public funds. A-G will not bring charges against a person unless there was sufficient evidence to prosecute and a good chance of getting a conviction.

Therefore, A-G should disclose his reasons for withdrawing the charges based on the representation by Salleh’s lawyers. A-G has power and discretion to withdraw the charges at any stage of the proceeding but it must be exercised based on evidence and public interest.

The charges against Salleh arose out of alleged misuse of a federal government soft loan of RM 250 million with 2.5% interest given to NFCorp to develop a beef industry to supply beef to the local and international markets.

Salleh is the chairman of NFCorp’s board of directors which include his children. He is married to Wanita Umno chief Datuk Seri Shahrizat Abdul Jalil, the former women, family and community development minister.

The Malaysian Anti-Corruption Commission in its 2012 report stated that the RM250 million National Feedlot Corporation scandal was a result of the Agriculture Ministry’s failure to carry out due diligence before awarding the contract.

The company did not have sound technical competence or a strong financial background. The government’s representatives on the NFCorp’s board of directors also failed to play their roles properly. The project was not brought to the attention of the Cabinet or the Finance Ministry.

Although Salleh has been acquitted, the public need to know the status of the agreement between the government and NFCorp to develop the beef industry.

What has happened to the RM 250 million soft loans and the interest due on it? Has it been recovered? If not, then what action is being taken against NFCorp and its guarantor-directors to recover this large sum of the public’s money? – December 4, 2015.

The $150 million in American properties tied to the prime minister’s stepson and to Mr. Low include a penthouse at the Time Warner Center at Columbus Circle in Manhattan purchased for $30.55 million by a shell company connected to Mr. Low’s family trust. Companies tied to Mr. Low’s family have also purchased a $39 million mansion on Oriole Drive in the Hollywood Hills in Los Angeles, the L’Ermitage Hotel in Beverly Hills and part of the Park Lane Hotel in New York. Through shell companies, Mr. Aziz purchased a $33.5 million condominium at the Park Laurel on 63rd Street in Manhattan, a home in Beverly Hills known as the pyramid house for a gold pyramid in its garden, as well as other properties in the Los Angeles area.

The Park Laurel condo and the Beverly Hills home were owned by shell companies connected to Mr. Low’s family before being transferred to shell companies tied to Mr. Aziz. Shell companies — trusts, limited liability companies and other entities — are commonly used in real estate for privacy, wealth transfer or shared ownership. They also make it difficult, however, for law enforcement authorities and others to discover the true owners of property.

In the case of the Beverly Hills home, the property was transferred without any public filings, with Mr. Low’s family trust selling ownership of the shell company to a corporate entity controlled by Mr. Aziz, The Times found.

Mr. Low’s spokesman said this year that the transfers to Mr. Aziz were done at fair market value and at arm’s length. New York City also appears to be home to at least one other person involved with Malaysia’s 1MDB sovereign wealth fund.

A condo at 23 East 22nd Street was purchased for $4.5 million in 2014 by a shell company called Cricklewood One Madison L.L.C. that listed Ai Swan Loo as its authorized signer, public records show. This summer, Malaysia’s Central Bank announced that a person named Jasmine Ai Swan Loo, a former executive involved with the 1MDB fund, was wanted for assistance in its investigation.

 A US federal grand jury a wide-ranging investigation on the  tainted  Malaysian Prime Minister Najib Razak damaged reputation its bottom line.Grand juries  decide whether there is probable cause to indict Najib  for a crime investigating allegations of corruption involving Malaysian Prime Minister Najib Razak and people close to him over property purchases in the United States and a US$681 million (S$964 million) payment made to what is believed to be Najib's personal bank account.
It has been a roller-coaster month which Malaysians had not have the misfortune to experience before.

It began with the explosive Wall Street Journal (WSJ) report alleging that government investigators had discovered US$700 million (RM2.6 billion) deposited into Prime Minister, Datuk Seri Najib Razak’s personal bank accounts in AmBank in March 2013 just before the 13th General Election, which Najib had not denied but repeatedly declared he had never taken funds for personal gain, to a major and ongoing purge and crackdown of key institutions started with the sacking of the Deputy Prime Minister and the Attorney-General and followed by the overawing and intimidation of the Cabinet, Parliament, the Press and the multi-agency Special Task Force investigating 1MDB comprising Bank Negara Malaysia (BNM), Malaysian Anti-Corruption Commission (MACC), Royal Malaysian Police and the Attorney-General’s Chambers (AGC).

In one month, the country went from the “high” of the Prime Minister assuring the nation that no stone would be left unturned to get to the bottom not only of the RM42 billion 1MDB scandal but the WSJ report of RM2.6 billion deposited into the Prime Minister’s personal bank accounts, (and Najib was so confident that he publicly declared that all investigations will clear him), to the “low” of the “hunters being hunted”, allegations that the sacked Attorney-General Tan Sri Gani Patail was in the final stage of drafting corruption charges against Najib himself, and the Special Task Force investigating 1MDB virtually accused of being involved in an international conspiracy to topple the elected Prime Minister of Malaysia

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